by joseph j. brophy, esq.. what don’t you understand about commingling? ◦ matter of salo ◦...
TRANSCRIPT
Legal Malpractice and Ethics for Trial
LawyersBy Joseph J. Brophy, Esq.
Ethical pitfalls and what to do if you fall in
Escrow means it’s not your moneyRule 1.15
What don’t you understand about commingling?
◦ Matter of Salo◦ Matter of Kressner
Commingling
Matter of Francis
Bounce an escrow check and see what happens
Matter of Maroney Matter of Spencer Matter of Ponzini
We’re all partners here
In re Katzka Matter of Ravitch
Chasing
In re World Trade Center Litigation◦ NYLJ 3/14/11
Former client blames firm for “usurious” funding of Suit◦ NYLJ 3/15/11
Litigation funding
Matter of Cousins Matter of Cellino Matter of
Friedman
Honesty is the only policy
Matter of Vitelli
A Notary is not just a rubber stamp
It’s not just passengers anymore
Tavarez v. Hill
Conflicts
In re World Trade Center Disaster Site Litigation◦ NYLJ 3/14/11
Conflicts- Mass Torts
Other ways not to get paid your fee◦ Chen v. Chen◦ Rodriguez v. Custodio
Fee forfeiture
Avoiding Legal Malpractice Claims and Grievances
Principles of Risk Management◦ Communication◦ Communication◦ Communication
It’s all about the client
Huffner Wei Cheng Chang Reed
Who is the client anyway- and who is the lawyer?
Common Malpractice Traps
Limitations of time are the simplest thing…
Except when they aren’t
Goldenberg v. Westchester County Health Care Corp.
Public Authorities Nightmare
Ulico Casualty Co. v. Wilson, Elser, Moskowitz, Edeman & Dicker
Pillard v. Goodman
Conflicts of interest
Ditondo v. Meagher Fielding v. Kupferman Christ v. The Law
Offices of Levine & Grossman
It’s too late to research after you’ve created the problem
Duty Claim accrual Elements Statutory liability
Prosecuting Legal Malpractice Cases
Privity Scope of
Retention
Duty
Continuous representation
Termination of relationship
Claim Accrual
Departure from the standard of care
Causation- the case within the case
Damages and the but-for rule
Elements
Deceit or Collusion ->
Treble Damages
Statutory Liability- Judiciary law Sect. 487
The malpractice revolution devours its children